Clute

The petitioners, having been by the superior court adjudged guilty of contempt, and ordered committed to the county jail for a term of forty-eight hours, applied to this court for a writ of review. The alleged contempt consisted in the violation of a temporary injunction, the execution of which had, as was claimed by petitioners, been stayed by an appeal. This court, being of the opinion that supersedeas, rather than certiorari, was the writ applicable to the case, issued an order to show cause why such writ of supersedeas should not issue, in the mean time staying all proceedings on the order appealed from.

The action in which the injunction had issued was commenced in the name of Pacific Grand Hotel and Investment Company, a corporation conducting the Pacific Grand Hotel at San Francisco, against B. E. Clute, one of the petitioners herein. The complaint alleges that Clute was on January 3, 1908, elected treasurer and appointed manager of plaintiff; that on April 3, 1908, he was, by a vote of the board of directors, at a meeting duly held, removed from the office of treasurer and the position of manager. It is alleged that, notwithstanding his removal, Clute still claims to be…